217.220

PAYMENTS TO VICTIMS OF CRIMES

217.220 When compensation not to be awarded; limitation on money award; lump sum payment.

1. Compensation shall not be awarded if the victim:

(a) Is a relative of the offender;

(b) Was, at the time of the personal injury or death of the victim, living with the offender as a member of his family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;

(c) Violated a penal law of this state, which caused or contributed to his injuries or death; or

(d) Was injured as a result of the operation of a motor vehicle, boat or airplane unless such vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim.

2. No compensation may be awarded under this chapter in an amount in excess of $5,000, and all payment shall be made in a lump

sum.

(Added to NRS by 1969, 1153)

217.230 Applicability of chapter to injuries, death occurring after July 1, 1969. Orders for payment of compensation pursuant to this chapter may be made only as to injuries or death resulting from incidents or offenses occurring on and after July 1, 1969.

(Added to NRS by 1969, 1154)

217.240 Recovery from offender. Whenever an order for the payment of compensation for personal injury or death is made pursuant to this chapter, the board is, upon payment of the order, subrogated to the cause of action of the applicant against the person or persons responsible for such injury or death and may bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the board shall pay the balance to the applicant.

(Added to NRS by 1969, 1154)

217.250 Reports. The board shall prepare and transmit annually to the governor and legislature a report of its activities under this chapter including the name of each applicant, a brief description of the facts in each case and the amount of any compensation awarded.

(Added to NRS by 1969, 1154)

217.260 Payments from emergency fund account. Funds for payment of compensation as ordered by the board shall be paid from the emergency fund account.

(Added to NRS by 1969, 1154)

NEW JERSEY
SESSION LAW SERVICE

Laws

1971 Regular Session

194th New Jersey Legislature

CRIMINAL INJURIES COMPENSATION ACT OF 1971

CHAPTER 3171

SENATE NO. 15

An Act authorizing and providing for compensation for the innocent victims of crime in certain cases and making an appropriation.

Be it enacted by the Senate and General Assembly of the State of New Jersey: 1.

This act shall be known and may be cited as the "Criminal Injuries Compensation Act of 1971."

2.

As used in this act:

"Child" means an unmarried person who is under 21 years of age and includes a stepchild or an adopted child;

"Board" means the Violent Crimes Compensation Board established by this act;

"Dependents" means such relatives of a deceased victim as were wholly or partially dependent upon his income at the time of his death and shall include the child of such victim born after his death;

"Personal injury" means actual bodily harm and includes pregnancy and mental or nervous shock;

"Relative" of any person means his spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents;

"Family relationship group" of any person means:

(1) any person related to such person within the third degree of consanguinity or affinity,

(2) any person living in the same household as such person, or

1. N.J.S.A. 52:4B-1 to 52:4B-21.

Additions In text are Indicated by underline; deletions by strikeouts

(3) any person maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;

"Victim" means a person who is injured or killed by any act or omission of any other person which is within the description of any of the offenses specified in section 11 of this act.

3.

There is hereby established in the Executive Branch of the State Government a Violent Crimes Compensation Board which shall be composed of 3 citizens, to be appointed by the Governor, with the advice and consent of the Senate, one of whom shall be designated chairman by, and serve as such at the pleasure of, the Governor. Not more than two of the members of the .board shall be members of the same political party. At least two meinbers of the board shall be attorneys admitted to the practice of law in the State of New Jersey. For the purposes of complying with the Constitution (Article V, Section IV, paragraph 1) the board is allocated to the Department of Law and Public Safety but, notwithstanding said allocation, the board shall be independent of any supervision or control by the department or the Attorney General or any other officer of the department.

4.

The term of office of each member of the board shall be 5 years and until his successor is appointed and qualifies, except that of the members first appointed one shall be appointed for a term of 5 years, one for a term of 4 years and one for a term of 3 years. All vacancies, except through the expiration of term, shall be filled for the unexpired term only.

Each member of the board shall be eligible for reappointment and any member of the board may be removed by the Governor for inefficiency, neglect of duty or malfeasance in office.

Each member of the board shall receive the same annual compensation as that payable to judges of compensation and shall devote his full time and capacity to their duties, and shall not engage in any other occupation, profession or employment.

5.

The board is authorized to appoint and fix the duties and compensation of such officers, attorneys, examiners, and other experts as may be necessary for carrying out its functions under this act, and the board may, subject to Title 11 of the Revised Statutes, "Civil Service," appoint and fix the duties and compensation of such other assistants and employees as are necessary. · 6.

The principal office of the board shall be in Trenton, New Jersey, but the board may sit and conduct its affairs in any place.

7.

Hearings upon applications for compensation under this act shall be conducted in the following manner:

a. Upon an application made to the board under the provisions of this act, the board shall fix a time and place for a hearing on such application and shall cause notice thereof to be given to the applicant;

b. For the purpose of carrying out the provisions of this act, the board, or any member thereof, may hold such hearings, sit and act at such times and places, and take such testimony as the board or such member may deem advisable. Any member of the board may administer oaths or affirmations to witnesses. The board shall have full powers of subpoena and compulsion of attendance of witnesses and production of documents, except that no subpœna shall be issued except under the signature of a member of the board, and application to any court for aid in enforcing such subpoena may be made in the name of the board by any member thercof. Subpoenas shall be served by any person designated by the board;

Changes or additions in text are Indicated by underline

C. In any case in which the person entitled to make an application is a child, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make an application is mentally Incompetent, the application may be made on his behalf by his guardian or such other individual authorized to administer his estate;

d. Any person having a substantial interest in a proceeding may appear, produce evidence and cross-examine witnesses in person or by his attorney. e. The board may receive in evidence any statement, document, information, or matter that may in the opinion of the board contribute to its functions under this act, but the board shall not be bound by the rules of evidence.

f. If any person has been convicted of any offense with respect to an act or omission on which a claim under this act is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending.

8.

The board may, as a part of any order entered under this act, determine and allow reasonable attorney fees, which shall not exceed 15% of the amount awarded as compensation under section 10 of this act, to be paid in addition to the amount of such compensation, to the attorney representing the applicant, and it shall be unlawful for any such attorney to ask for, contract for or receive any larger sum than the amount so allowed.

9.

In the performance of its functions, the board is authorized to make rules and regulations prescribing the procedures to be followed in the filing of applications and the proceedings under this act, and such other matters as the board deems appropriate.

In determining the amounts of compensation payable pursuant to this act the board shall insofar as practicable formulate standards for uniform application of this act and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this State and of the United States and the availability of funds appropriated for the purposes of this act.

10.

In any case in which a person is injured or killed by any act or omission of any other person which is within the description of the offenses listed in section 11 of this act, the board may, upon application and the concurrence of a majority of the members thereof, order the payment of compensation In accordance with the provisions of this act:

a. to or on behalf of the victim,

b. in the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person, or

c. in the case of the death of the victim, to or for the benefit of the dependents of the deceased victim, or any one or more of such dependents.

In determining whether to make an order under this section, the board may consider any circumstances it determines to be relevant, including provocation, consent or the behavior of the victim which directly or indirectly contributed to his injury or death, the prior case history, if any, of the victim and any other relevant matters.

An order may be made under this section whether or not any person Is prosecuted or convicted of any offense arising out of such act or omission. Upon application made by an appropriate prosecuting authority, the board may suspend proceedings under this act for such period as it deems appropriate on the ground that a prosecution for an offense arising out of such act or omission has been commenced or is imminent.

For the purposes of this act, a person shall be deemed to have intended an act or omission notwithstanding that by reason of age, insanity or otherwise, he was legally incapable of forming a criminal intent.

<deletions by strikeouts

The board may order the payment of compensation in accordance with the provisions of this act for personal injury or death which resulted from: (a) an attempt to prevent the commission of crime or to arrest a suspected criminal or in aiding or attempting to aid a police officer so to do, or (b) the commission or attempt to commit any of the following offenses: assault constituting a high misdemeanor;

12.

1.

The board may order the payment of compensation under this act for: expenses actually and reasonably incurred as a result of the personal injury or death of the victim,

a.

b. loss of earning power as a result of total or partial incapacity of such victim,

c. pecuniary loss to the dependents of the deceased victim, and

d. any other pecuniary loss resulting from the personal injury or death of the victim which the board determines to be reasonable.

13.

To assist the board in determining the nature, extent or cause of personal injury or cause of death compensable under this act, the board shall maintain a panel of impartial medical experts. The specialties to be represented on the panel and the number of experts in each specialty shall be determined jointly by the Medical Society of New Jersey and the board. The experts to serve on the panel in the several specialties shall be designated by the Medical Society of New Jersey.

14.

Prior to a hearing on any application pursuant to this act, the applicant or his attorney shall submit reports from all physicians or surgeons or duly accredited religious practitioners who have treated or examined the injured party or the decedent. If in the opinion of the board an examination of the injured person and a report thereon or a report on the cause of death by an impartial medical expert would be of material aid to the just determination of the action, the board may order such an examination, where appropriate, and report by an expert or experts chosen from the panel of impartial medical experts.

15.

The order for the appointment of impartial medical experts and directing an examination of an injured party and report thercon or a report on the cause of death of a decedent shall, to the extent applicable and with due regard to the religious tenets of an applicant:

a. Designate the name of the impartial medical expert and his specialty; b. Specify the conditions and scope of the examination to be conducted and the report to be made;

C.

Direct the injured party to submit to a physical examination as speclfied in the order;

d. Direct all parties and their counsel to deliver to the board for the use of the designated expert all medical reports, X-rays, X-ray reports and records and reports of pathological or neurological examinations or tests of the injured party or of the decedent which are in their possession or under their control;

Changes or additions in text are indicated by underline